[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR211.73]



[Page 71]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 211_RULES OF PRACTICE--Table of Contents

 

     Subpart F_Interim Procedures for the Review of Emergency Orders

 

Sec. 211.73  Presiding officer; powers.



    (a) An administrative hearing for the review of an emergency order 

is presided over by the Administrator or by an administrative law judge 

designated at the request of FRA pursuant to 5 CFR 930.213.

    (b) The presiding officer may exercise the powers of the FRA to 

regulate the conduct of the hearing and associated proceedings for the 

purpose of achieving a prompt and fair determination of all material 

issues in controversy.

    (c) The final decision of the presiding officer shall set forth 

findings and conclusions based on the administrative record. That 

decision may set aside, modify or affirm the requirements of the 

emergency order under review.

    (d) Except as provided in Sec. 211.77, the decision of the 

presiding officer is administratively final.